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Case l:ll-cr-10260-NMG Document 42 Filed 07/25/12 Page 1 of 3 



UNITED STATES DISTRICT COURT 
DISTRICT OF MASSACHUSETTS 



UNITED STATES OF AMERICA 

v. 
AARON SWARTZ, 

Defendant 



Criminal No. 11-10260-NMG 



JOINT MEMORANDUM AS TO FINAL STATUS CONFERENCE PURSUANT TO 

LOCAL RULE 116.5 

The Court has scheduled the final Status Conference in this case for July 26, 2012. The 
parties file this joint status report: 

(1) The government has produced automatic discovery. In addition, the government has 
provided additional early discovery of many of the materials set forth in Local Rule 116.2(B)(2) 
and the Jencks Act in the form of a searchable electronic Concordance database. 

(2) Additional discovery will be produced in accordance with the schedule established by 
the Local Rules of this Court, the Federal Rules of Criminal Procedure and by statute. 

(3) A multi-request discovery motion filed pursuant to the Local Rule protocol was filed 
pursuant to a schedule set by the Court during the scheduled Interim Status Conference with 
decisions on contested matters pending with this Court. 

(4) A protective order has been entered by the Court in this case. 

(5) There are no pending pretrial motions under Fed. R. Crim. P. 12(b). The parties have 

requested that the Court defer setting a schedule for the filing of dispositive motions in this case 

until the Final Status Conference in order to give the defense a sufficient opportunity to review any 

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Case l:ll-cr-10260-NMG Document 42 Filed 07/25/12 Page 2 of 3 

additional discovery it receives as a result of the discovery motions. The defense intends to file 
Motions to Suppress and Dismiss. The parties agree that such motions will be filed raise complex 
matters and that the Court should set a filing date for such matters 60 days from the date of the 
status conference; 

(6) The parties propose that expert witness disclosure in this case take place in three 
phases. The government will make its initial expert witness disclosure 11 weeks before trial. 
The defense will make theirs 8 weeks before trial. The government may then make an additional 
expert disclosure 5 weeks before trial, if an additional expert or experts are necessary to address 
matters raised in the defense disclosure. 

(7) The defenses of insanity, public authority and alibi have not been raised in this case. 

(8) The Court should exclude the period from July 26, 2012 through the date of the next 
First Status Conference with the District Court under the Speedy Trial Act. 

(9) The parties believe that trial is likely and that the trial will last around 3 weeks. 



Respectfully submitted, 

Carmen M. Ortiz 
United States Attorney 

/s/ Martin G. Weinberg Bv: /s/Stephen P. Hevmann 

MARTIN G. WEINBERG, Esq. STEPHEN P. HEYMANN 

Counsel for Defendant Aaron Swartz SCOTT L. GARLAND 

Assistant U.S. Attorneys 



CERTIFICATE OF SERVICE 

I hereby certify that this document filed through the ECF system will be sent electronically to the 

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Case l:ll-cr-10260-NMG Document 42 Filed 07/25/12 Page 3 of 3 



registered participants as identified on the Notice of Electronic Filing (NEF). 



Date: July 25, 2012 



/s/ Martin G. Weinberg 

Martin G. Weinberg 

Counsel for Defendant Aaron Swartz